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6366 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed RulesENVIRONMENTAL PROTECTIONAGENCY40 CFR Parts 85, 89 and 92[FRL–5686–1]RIN 2060–AD33Emission Standards for Locomotivesand Locomotive EnginesAGENCY: Environmental ProtectionAgency (EPA).ACTION: Notice of Proposed Rulemaking(NPRM).SUMMARY: EPA is proposing regulatoryrequirements for the control ofemissions from locomotives and enginesused in locomotives as required byClean Air Act section 213(a)(5). Theprimary focus of this proposal isreduction of the emissions of oxides ofnitrogen (NO X). The proposed standardswill result in more than a 60 percentreduction in NO X from freshlymanufactured locomotives beginning in2005, with lesser reductions fromlocomotives originally manufacturedfrom 1973 through 2004. NO X is aprecursor to the formation of groundlevel ozone, which causes healthproblems such as damage to lung tissue,reduction of lung function, andsensitization of lungs to other irritants,as well as damage to terrestrial andaquatic ecosystems. EPA is alsoproposing standards for emissions ofhydrocarbons (HC), carbon monoxide(CO), particulate matter (PM), andsmoke. The cost effectiveness of today’sproposed emissions standards is 173dollars per ton of NO X and PM reduced.Three separate sets of standards areproposed, with applicability of thestandards dependent on the date alocomotive is first manufactured. Thefirst set of standards (Tier 0) areproposed to apply to locomotives andlocomotive engines originallymanufactured from 1973 through 1999,any time they are remanufactured incalendar year 2000 or later. The secondset of standards (Tier I) apply tolocomotives and locomotive enginesoriginally manufactured from 2000through 2004. Such locomotives andlocomotive engines would be requiredto meet the Tier I standards at the timeof original manufacture and at eachsubsequent remanufacture. The final setof standards (Tier II) are proposed toapply to locomotives and locomotiveengines originally manufactured in 2005and later. Such locomotives andlocomotive engines would be requiredto meet the Tier II standards at the timeof original manufacture and at eachsubsequent remanufacture.Today’s proposal includes a variety ofprovisions to implement the standardsand to ensure that the standards are metin-use. These provisions includecertification test procedures, andassembly line and in-use compliancetesting programs. Also included intoday’s proposal is an emissionsaveraging, banking and trading programto provide flexibility in achievingcompliance with the proposedstandards. Finally, EPA is proposingregulations that would preempt certainstate and local requirements relating tothe control of emissions from newlocomotives and new locomotiveengines, pursuant to Clean Air Actsection 209(e).DATES: Comments must be received onor before April 14, 1997. A publichearing will be held on March 13, 1997,starting at 9:30 a.m. Persons wishing topresent oral testimony are requested tonotify EPA on or before March 6, 1997,to allow for an orderly scheduling oforal testimony.ADDRESSES:Written comments: Interested partiesmay submit written comments (intriplicate if possible) for EPAconsideration. The comments are to beaddressed to: EPA Air and RadiationDocket, Attention: Docket No. A–94–31,Room M–1500, Mail Code 6102, U.S.EPA, 401 M Street, S.W., WashingtonDC 20460. The docket is open for publicinspection from 8 a.m. until 5:30 p.m.Monday through Friday, except ongovernment holidays. As provided in 40CFR part 2, a reasonable fee may becharged for copying docket materials.Should a commenter wish to provideconfidential business information (CBI)to EPA, such CBI should NOT beincluded with the information sent tothe docket. Materials sent to the docketshould, however, indicate that CBI wasprovided to EPA. One copy of CBI,along with the remainder of the writtencomments, should be sent to CharlesMoulis at the address provided in FORFURTHER INFORMATION CONTACT below.Public hearing: The public hearingwill be held at: (Holiday Inn—NorthCampus, 3600 Plymouth Rd, Ann Arbor,MI 48105, (313) 769–9800).FOR FURTHER INFORMATION CONTACT: Forinformation on this rulemaking contact:Charles Moulis, U.S. EPA, EnginePrograms and Compliance Division,2565 Plymouth Road, Ann Arbor, MI48105; Telephone: (313) 741–7826, Fax:(313) 741–7816. Requests for hardcopies of the preamble, regulation textand regulatory support document (RSD)should be directed to Carol Connell at(313) 668–4349.SUPPLEMENTARY INFORMATION:I. Regulated EntitiesII. Statutory AuthorityIII. BackgroundIV. Emissions from Present LocomotivesV. Description of the ProposalVI. Emission Reduction TechnologyVII. BenefitsVIII. CostsIX. Cost-EffectivenessX. Public ParticipationXI. Administrative Designation andRegulatory Assessment RequirementsXII. Copies of Rulemaking DocumentsI. Regulated EntitiesEntities potentially regulated by thisproposed action are those whichmanufacture and/or remanufacturelocomotives and locomotive engines;those which own and operate railroads;and state and local governments.Regulated categories and entitiesinclude:CategoryExamples of regulated entitiesIndustry ........ Manufacturers and remanufacturersof locomotivesand locomotive engines,railroad owners and operators.Government State and local governments. 11 It should be noted that the proposed provisionsdo not impose any requirements thatstate and local governments (other than thosethat own or operate local and regional railroads)must meet, but rather implement theClean Air Act preemption provisions for locomotives.It should also be noted that somestate and local governments also own or operatelocal and regional railroads.This table is not intended to beexhaustive, but rather provides a guidefor readers regarding entities likely to beregulated by this proposal. This tablelists the types of entities that EPA isnow aware could potentially beregulated by this proposal. Other typesof entities not listed in the table couldalso be regulated. To determine whetheryour company is regulated by thisproposal, you should carefully examinethe applicability criteria in §§ 92.001and 92.901 of the proposed regulatorytext. If you have questions regarding theapplicability of this proposal to aparticular entity, consult the personlisted in the preceding FOR FURTHERINFORMATION CONTACT section.II. Statutory AuthorityAuthority for the actions proposed inthis notice is granted to theEnvironmental Protection Agency (EPA)by sections 114, 203, 204, 205, 206, 207,208, 209, 213, 215, 216 and 301(a) of theClean Air Act as amended in 1990 (CAAor ‘‘the Act’’) (42 U.S.C. 7414, 7522,7523, 7524, 7525, 7541, 7542, 7543,7547, 7549, 7550 and 7601(a)).